LAWS(P&H)-2021-1-184

JIYA LAL Vs. RAJ KUMAR

Decided On January 12, 2021
JIYA LAL Appellant
V/S
RAJ KUMAR Respondents

JUDGEMENT

(1.) Controversy in the present case relates to right of pre-emption of a co-sharer in terms of Section - 15 (I)(b), Clause 'Fourth' of The Punjab Pre-emption Act ,1913 (as applicable to State of Haryana) for short "the Act" and the part of the text existing at the relevant point of time, reads as under:-

(2.) Subject matter of the lis is agricultural land measuring 35 Kanals, 2 Marlas, hereinafter referred as "suit land"; which was purchased by appellants-vendees (defendants No. 1 to 5) from defendants No. 6 to 12 (Vendors), vide registered sale deed dated 14.06.1986. Respondent-sole Plaintiff (now deceased), claiming himself to be a co-sharer in the 'Khewat' comprising suit land, filed suit for pre-emption , which was decreed by both the courts below. Unsuccessful appellants are in second appeal under section 41 of The Punjab Courts Act, 1918; for short "the Punjab Courts Act".

(3.) Suit was filed by respondent on the premise that:-